





Lima Declaration
Durban Commitment
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The 9th International Anti-Corruption Conference
The Papers
Summary Report
Day 1, Workshop 1
Fighting Corruption in Africa: Lessons Learned from the Region
Co-ordinator: Aileen Marshall, Global Coalition for Africa (GCA)
Partner Organisations: GCA, UNDP, USAID-Africa, NDI, UNDESA
Reporter: Adama Gueye, Senegal
Rapporteur: Lala Camerer, Institute for Security Studies, South Africa
First Session:
Chair: Ahmedou Ould-Abdallah, Executive Secretary, Global Coalition
for Africa
Panellists:
- Joseph Warioba, Chairman of the Presidential
Commission on Corruption, Tanzania.
- Mahamdou Magassouba, Legal
Counsellor to the President, Mali.
- Miria Matembe, Minister of State,
Uganda.
- Emmanuel - Gyimah-Boadi, Centre for Democracy and
Development, Ghana.
Second Session:
Panellists:
- Joseph Warioba, Chairman of the Presidential Commission
on Corruption, Tanzania.
- Louis Du Pisani, Deputy Prosecutor General
of Namibia
- John Makumbe, Chairman, Transparency International
Zimbabwe
Executive Summary:
The main objective of the Africa regional workshop at the 9th
International Anti-Corruption Conference in Durban, South Africa in
October 1999 was to provide a forum for interaction where Africans
could share national experiences as well as regional initiatives.
During the workshop, remarkable consensus emerged on the issues and
challenges confronting Africans in fighting corruption effectively.
Whilst detailed summaries of the presentations are captured below, the
following key points and recommendations emerged:
- Corruption is a global problem that manifests itself in the African
continent with devastating effects. The initiative taken by the Global
Coalition for Africa in February 1999, when 25 key principles to fight
corruption were adopted by 11 African countries in Washington, is a
landmark achievement (see Annex 1). The ongoing challenge will be for
African countries to adopt these principles and ensure that they are
integrated into the national policy frameworks of states that are
committed to fighting corruption. Uganda has made some impressive
moves in this regard.
- Whilst corruption is a battle that needs to be fought primarily on
national territory, regional and international co-operation is
essential. In this regard many speakers called for the adoption of a
regional convention on corruption for Africa. This would be similar to
other conventions that exist internationally and could be facilitated
through regional organisations such as the Organisation for African
Unity and the Southern African Development Community. This would
ensure sharing of information as well as promote the harmonisation of
legislation to assist the fight against corruption in the region,
particularly with regard to extradition requirements.
- Political will at national level is an essential ingredient to the
successful fight against corruption. It not only manifests itself in
the will of politicians but also in the will of the general public to
route out corruption. If not translated into tangible resource
allocations for anti-corruption agencies and initiatives political
statements to fight corruption may have the effect of further
disillusioning the public about the motives of those in power. In
particular an effective anti-corruption strategy needs to have a focal
point of accountability and regular audits and monitoring of the
success of such reforms is essential.
- In approaching the fight against corruption countries need to
embark on a comprehensive strategy involving both prevention and
control measures. All stakeholders need to be involved. The role of
civil society, in particular the media, is important for an effective
strategy. There need to be a number of priority areas, for example the
criminal justice system, where targeted interventions can be made and
seen to be successful.
- The effective investigation, prosecution and conviction of people
who engage in corrupt activities are essential in winning the war
against corruption. Whilst corruption as a crime is difficult to prove
and special powers may be required, there was general agreement that
in principle due legal processes should be followed.
- Research has an important role to play in the fight against
corruption in Africa. The UNDESA study on ethics in the public sector
was mentioned as an important initiative. The establishment of an
accessible database on legislative and other anti-corruption
initiatives is a key priority for Africa.
Detailed presentations and discussions
Session 1:
Joseph Warioba, Chairman of the Presidential Commission on Corruption,
Tanzania, "The rationale for and overview of the principles to combat
corruption in African countries."
He made the following main points:
- Corruption is a global problem
and exists in all countries. It is not associated with one particular
economic, political or social system and does not respect any
ideology. It is found in the public sector as well as the private
sector and civil society.
- The costs of corruption, particularly in
economic terms are enormous.
- In order to combat corruption it is important to appreciate its nature, causes and scope.
- As a global problem, international co-operation is necessary to fight corruption
in terms of prevention as well as enforcement. There are international
instruments to fight corruption in the forms of conventions which have
been adopted (for example the OECD, Council of Europe, Organisation of
American States, Commonwealth initiatives).
- In Africa efforts have included the SADC council of Ministers adopting a
declaration which includes principles to fight corruption. However, Africa as a whole
does not at the moment have a convention or scheme to deal with
corruption at a continental level and it appears that African
countries do not qualify to become parties to the current
international instruments.
- The Global Coalition for Africa has
spear-headed efforts to develop a possible instrument of co-operation
in combating corruption in Africa with a meeting in February 1999 in
Washington with eleven African countries who adopted a set of 25
Principles to Combat Corruption in Africa. The emphasis is on national
action and encourages countries to develop strategies in accordance
with national realities and circumstances. It covers prevention,
enforcement, institution building, public participation and
continental co-operation.
- Political will is a necessity for a
successful anti-corruption strategy and unless there is a clear and
comprehensive programme of action that has a focal point for
accountability, this will remain a paper strategy.
- It is crucial that countries prioritise in terms of timeframe and sector of
concentration. In particular a direct attack on corruption in key
institutions such as the judiciary, police force and the media is
important as well as the economic sector.
- Public awareness and involvement is a key element in efforts to eradicate
corruption and the media have a role to play in raising public awareness.
- Collaboration and co-operation at the continental level would
strengthen the capacity of individual countries to combat and
eventually eradicate corruption. Apart from consolidating efforts to
combat corruption in Africa a convention would facilitate co-operation
between Africa and other continents or regions with similar
conventions.
Mahamdou Magassouba, Legal Counsellor to the President, Mali
"The importance of regional co-operation for anti-corruption efforts."
- Like examples in other parts of the world, we need to move towards
an African regional convention in order to fight corruption,
particularly as there are problems with for example extradition
procedures etc. which such a convention would overcome.
- We need a common approach to corruption, namely that it is regarded as a crime
across jurisdictions. Regional structures are important to support the
national structures, particularly with regard to effective
investigations.
- In corruption cases it is difficult to provide
evidence and thus the onus of proof should be placed on the person who
is accused of committing corruption.
- Corruption occurs at both the
national and local level amongst elected authorities.
- We need effective punishment for corruption
- The Global Coalition for Africa's Principles should be enacted by signatories.
- Regional integration and harmonisation of commercial law is important.
- Not only political will but also the creation of support structures is
crucial.
- The population in general must be sensitised to the problem
and public awareness to popularise information is very important in
order for people to act against corruption.
Miria Matembe, Minister of State for Ethics and Integrity, Uganda
"The inclusion of anti-corruption principles in national strategies."
- Following the meeting in February 1999 countries were given the task
of convincing their governments to adopt the 25 principles and
incorporate them into national systems and law. Uganda has applied
some of these principles.
- For anti-corruption efforts to be
successful political will and committed leadership is essential.
- The principles call for the review of the underlying economic, political
and social aspects and contain measures such as public sector,
political and administrative reforms. All stakeholders are requested
to co-operate and develop mutually supportive systems.
- For practical purposes there needs to be an appropriate institution to initiate,
review/develop policies and laws to ensure implementation of the
principles which were made in pursuit of the goals towards good
governance.
- The Ugandan experience is such that we have adopted an
integrity strategy and have declared open war against corruption
(similar to that against Aids where infection rates are declining).
Reform measures in Uganda have included: establishment of a
participatory political system; economic liberalisation and
privatisation policies; free press and media and a policy of
decentralisation bringing services closer to the people and enhancing
public accountability.
- In terms of an institutional framework on
fighting corruption, the government has strengthened critical agencies
for accountability including the Public Accounts Committee,
Parliamentary Select Committees, Auditor Generals Office, the
Inspector General and the Directorate of Ethics and Integrity. The
media also plays an important role.
- Committed leadership and political will has been clearly demonstrated with
the establishment of a Directorate of Ethics and Integrity in the President's
Office headed by a Cabinet Minister with a permanent secretary as its administrative
head. The Directorate has the clout to effectively interact with all
organs of government and ensure effective co-ordination of the anti-
corruption strategy.
- The leadership code is being reviewed to give
it wider coverage and to include provisions of conflict of interest,
extending the declaration of assets to members of the immediate
family. The code also provides for protection of witnesses and
whistle-blowers, provides a system for the recording of gifts received
by officials, and debarring convicted criminals from standing for
public office.
- There is a focus on restoring the morale and
integrity of the public service through ensuring merit-based
recruitment and promotion policies and procedures.
- There is increased transparency in the budgetary and financial process through
open budget discussions. Training in proper financial management at
local government level is a priority.
- Government is also reviewing
the national and local administration procurement processes to ensure
that they are fair, open and competitive.
- Under a three-year plan of
action government in collaboration with professional bodies and
institutions will develop/revamp and strengthen ethical codes in the
private sector and non-government institutions to improve corporate
governance.
- Policy formulation and law reform is a key function of
the Directorate for Ethics and Integrity. A special law is to be
enacted with specific measures to punish corruption and reward and
protect whistle-blowers. This will involve amending the Penal Code to
provide stronger sanctions for corruption.
- The important role of
civil society institutions such as churches, pressure groups, NGOs and
the media is recognised by government. The suggestion is made that for
civil society to be effective, support should come from sources other
than the government, which include international institutions that
should intervene and work in partnership with them.
- The elaboration and adoption of an African convention for combating corruption based
on the foregoing principles should be considered, as well as the
establishment of a global anti-corruption convention.
- An annual "anti-corruption" or "accountability" day should be established
internationally.
Emmanuel Gyimah-Boadi, Centre for Democracy and Development, Ghana.
"Civil society role in ensuring effective implementation of anti-
corruption principles."
- In Africa today there is an unprecedented opportunity for civil
society, in particular business associations and the private sector,
to play an enhanced role in combating corruption. This is underscored
by the promulgation of liberal democratic constitutions as well as
several chapter of Transparency International, and the emergence of a
vibrant print and electronic media.
- Civil society can mobilise
public opinion and political will and generate demand for action
against corruption. It needs to pressure and support and provide
sustained action with energy, dynamism and single-mindedness.
- Civil society is also well placed to sell the GCA principles to role-players
including government.
- Civil society can support public/official
oversights and anti-corruption agencies through specialised expertise.
For example this can include helping to monitor compliance with
regulations and sanctions imposed against corrupt officials.
- Co-operation amongst civil society is important to promote
accountability, transparency and integrity. Civil society actors need
to support each other, for example through offering legal defence to
investigative journalists.
- Business associations as part of civil
society can take over the monitoring of the OECD convention as well as
take up the call for the anti-corruption convention to go to the OAU
meeting.
- The problems facing civil society in Africa is that it is
often weak and distrusted. Civil society organisations have an
obligation to get their own housekeeping in order for credibility and
effectiveness. They need the moral authority to be able to act and
therefore need credible rules of conduct, self-regulation and regular
audit of accounts.
Questions:
- We need to address the cause of the problem, for example
low salaries and unemployment, not just the symptoms.
- Margaret Dongo, an independent MP from Zimbabwe, asked whether it would help to
enact laws in order to fight corruption. Whilst every country has laws
corruption still exists. Can't we find another method, for example, to
impose sanctions of those countries that resist?
- The problem of providing proof in corruption cases was raised.
- Richard Holloway from PACT, Zambia, wanted to know whether there was indeed measurable
political will in Africa to fight corruption and were these moral and
ethical leaders actually taking up the struggle.
- Questions were asked about the actual implementation of anti-corruption reforms in
Uganda.
Responses from panellists:
- Legislation is necessary combined with
other responses and strategies.
- In terms of sanctions, corruption
affects the poorest the most and which country has the moral authority
to impose sanctions on another in terms of a corruption record?
- Moral leaders are only human and we all need an internal conscience.
- Uganda has declared an open war against corruption and has gone some
way towards implementing the GCA principles however, there are
problems and institutional weakness is a key area.
- Obviously career management and salaries are an important area in the fight against
corruption.
- We need to harmonise our legal systems.
- Greed and poverty as well as the problems of integrity and development add to
the causes of corruption. If we are not careful it will become a
culture and we need to go back to values as highlighted by President
Mbeki of South Africa in his welcome address to the conference.
- Why should laws work now when they have not worked before? There are a
number of factors including an interest by the international community
in anti-corruption activities, the role of domestic civil society and
a growing commitment by governments to the good governance agenda.
The chair noted that in terms of progress in the fight against
corruption there is some basis for optimism in the future of a cleaner
Africa. We now speak openly about the "C" word in Africa and we blame
ourselves, not just the past colonial structures. Also there is
consensus that corruption is bad and that the majority of victims are
the poorest of the poor.
Session 2:
Joseph Warioba, Chairman of the Presidential Commission on Corruption,
Tanzania, presented a paper on behalf of Walter Kamba on the "Human
Rights and Documentation Trust of Southern Africa anti-corruption
programme."
The paper dealt with the result of the Botswana roundtable in 1998 and
the Dar Es Salaam meeting in September 1999, which was a SADC leaders
initiative to demonstrate concern around corruption. The main purpose
was to strengthen national and regional efforts to combat corruption
and to promote ethics in the public sector through regional dialogue
and approaches. The general themes were:
- To gain consensus on the causes of corruption, magnitude, monitoring and impact
- To improve the implementation of existing agencies and legislation and not to
create new mechanisms
- To place a strong emphasis on enforcement, and
less on prevention and public education
- To highlight insufficient
financial, technical, human resources as well as lack of independence
and inadequate prosecution and punishments. Key strategies to fight
corruption include:
- Recognising the unique national character of
countries
- Creating an effective and credible strategies through a
national consultation process
- Having a multi-faceted
interdisciplinary strategy to target all sectors
- Include both the public and private sectors
- Addressing both the supply and demand side
- Addressing both petty and grand corruption
- Ensuring that there are regular performance appraisals to measure progress
- Public education is essential
- Political will is measured by sufficient
funding of agencies and visible action against corruption
- Anti-corruption agencies need to be transparent and accountable
Recommendations include the following:
- That the principles of the GLA are affirmed and committed to by African countries
- Harmonisation of legislation in co-operation with SADC structures
- Diagnostic research and surveys including an African corruption Index
- The establishment of an accessible regional information centre and data
base on corruption and anti-corruption strategies
- A network of anti-corruption institutions should be established
- Meetings to facilitate national and regional efforts around a SADC anti-corruption
protocol including the regional convention on trans-national crime.
- The dialogue needs to be broadened to include all relevant stakeholders.
Louis Du Pisani, Deputy Prosecutor General of Namibia spoke on
Namibian initiatives to fight corruption.
The importance of implementable legislation was emphasised as well as
having effective anti-corruption units. In Namibia there was a
national effort to promote integrity which started in August 1996 with
a national consultative process to develop a comprehensive strategy.
In October 1998 there was a national consultative conference in
Windhoek where a number of recommendations were taken:
- The establishment of a chapter of Transparency International
- A new anti-corruption statute was enacted
- Provision was made for extra-territorial jurisdiction
- A mandatory code of conduct was introduced
- Assets register for public and private disclosure
- Tax information on government and other bodies
- Freedom of Information Act was passed
and constitutionally safe-guarded
- Independent agency to be established which would be adequately resourced,
protect whistle-blowers, investigate and prosecute (as well as prevent), have its own
budget and be responsible to parliament.
In March 1999, indicative of strong political will, this strategy was
endorsed by cabinet and the decision taken that the independent anti-
corruption unit be placed in the office of the Prosecutor General. Du
Pisani noted that without adequate resources such units are
ineffectual.
Mention was made of the UNDP funded UNDESA study on public sector
ethics is Africa which is a project to establish a database of such
information on particular countries policies and programmes. In
particular, sharing of legislation will be important.
John Makumbe, Chairman, Transparency International Zimbabwe, "The
civil society perspective of the SADC and sub-Saharan countries" with
a particular focus on gender issues.
- It is narrow to view corruption as essentially African. It is mainly
imported and it takes two to tango. Most corruption undermined African
economies. Globalisation is essentially going to worsen corruption for
Africa unless it is redefined to include Africa.
- Structural adjustment programmes aimed at enhancing western democracies and
economies have exacerbated corruption in Africa. These programmes need
to be defined from a third world, developing country perspective.
- Gender, which touches all areas of human development, needs to be
included as an important dimension of corruption and definite
strategies which are context specific need to be devised to address
it. Children and women suffer more severely from the impact and
consequences of corruption. Specific focus areas include:
- Guaranteeing women equal rights in law
- Equal entitlement to productive resources
- Equal representation in decision-making forums
- Punishing offenders
- Civic awareness
- We need to build more effective coalitions and strategic alliances regionally
involving business, government and civil society.
- In particular we need to build information sharing and networking forums
on corruption and hold periodic conventions to review progress on anti-corruption
measures.
- The legal framework needs to be harmonised and possibly there needs to
be a reverse of the onus of proof.
- Extradition arrangements among African countries need to be reviewed.
- It is imperative that the public are aware of the income of public officials
and politicians. There must be a registry of assets that is regularly filled in and
monitored independently. The disclosure of the off shore assets of
national leaders should be reviewed periodically.
- The public procurement system needs to be made public and uniform and subject to
public scrutiny in the region.
- Legislation needs to be considered for stiffer sentences for those convicted
for gender related corruption.
- Facilities need to be provided for the active civil
education on the gender dimension of corruption.
- There is an urgent need to set up a database (both national and regional) focusing on
corruption that is occurring with the most effective way through the
electronic media. This should be linked to a resource centre , which
is currently upgrade with current studies on the methodology that can
be implemented to fight corruption.
- Regional co-operation is needed
in the establishment and sustainability of TI Chapters in the region.
- The names of private sector companies who have been engaged in corrupt
practices should be published.
Questions:
- John Githongo from Article 19 disagreed with reversing
the onus of the burden of proof. The state is weak in Africa and
corruption has run riot. Corruption should be called a crime against
humanity and leaders such as Pinochet should be fearful when
travelling abroad.
- The minister of Economic Affairs from Chad
questioned whether in fact structural adjustment programmes had
increased corruption in Africa and believed that whilst they could be
improved upon, they were increasingly designed by member countries and
have helped Chad at least to combat corruption.
- A law professor from Cameroon stressed that we should not become overly
emotional and resort to kangaroo courts in the fight against corruption. It is very
important that we insist on due legal process.
- There was some agreement on the reversal of the onus of proof from Kenya. States were
wasting money trying to prove that assets were obtained criminally and
that there is a need to examine this thoroughly. A database to share
information, especially on trade, would be useful. Often assets are
kept in safe havens and there need to be conventions that allow
requests for the disclosure of assets/money.
- A member of the ruling party from Namibia agreed that proper legislation is
critical. Due process is very important and this means one should not reverse the
burden of proof. Implementation and political will are the two key
ingredients. How does one establish political will that acts instead
of talks?
- A Nigerian delegate pleaded very seriously that we should
not throw away liberty and fundamental human rights. The anti-
corruption bill in Nigeria is proposing that if one is found guilty
one should lose one's assets and banned from holding public office.
This is wrong. Corruption is bad, but losing your liberty is even
worse.
- A delegate from Lesotho called for realistic solutions that
are community specific and raised a question of how does one break
with the past. Is amnesty a solution?
- South Africa's Willie Hofmeyer who heads the Asset Forfeiture Unit
noted his reservations about reserving the onus of proof to secure a conviction.
However he would consider it strongly when it comes to public servants who need to
explain their wealth. Here people are not required to be proven guilty
on the basis of probability their property can be taken away. Such
asset forfeiture legislation is not developed in other African
countries and he made a plea for harmonisation of legislation, at
least within SADC.
- An Ugandan minister believes the legal profession
defends the corrupt. There is much corruption in the criminal justice
system that is incapable of dealing with it. He supports being guilty
until proved innocent, however notes that government can use such
legislation to crush its opponents.
And Responses:
- There are continual problems in defining corruption,
and thus devising strategies to fight it.
- Political will to which
all role players contribute, is the key to the issue. We need to stop
thinking it is impossible to fight corruption etc but rather identify
the problem and deal with it.
- Du Pisani is opposed to the reversal of the onus of proof. The Constitution
leaves room requiring the prosecution to prove certain facts and the accused to respond.
- Government itself is corrupt if there is not political will. It is
important to mobilised the community actively and within the system
encourage people internally to speak out.
- Makumbe believes the emotionalism is acceptable. The important thing about reversing the
onus of proof issue is that it be debated and occur in a way that it
does not impinge on human rights. How can one prove corruption when
dockets disappear and people are above the law and cannot be summoned
to appear before it.
- He believes structural adjustment programmes
increase corruption in Africa as it opens up the economy to vultures.
- Political will is more than the leaders, it is the people and
corruption is a conspiracy against the people.
Chair's concluding remarks:
- Political will is essential
- International legal principles such as due legal process need to be
adhered to universally.
- With weak institutions it is more difficult
to fight corruption
- It is time to start implementing and learn from
experiences through networking opportunities such as these.
Partner Organisations and Contact Information:
Ms. Aileen Marshall
Senior Advisor Global Coalition for Africa
Washington, DC
Tel: (202) 458-4266
Fax: (202) 522-3259
Email: amarshall@worldbank.org
Ms. Gayle Schwartz Africa Bureau, US Agency for International
Development (USAID) Washington, DC
Tel: (202) 712 0285
Email: gschwartz@usaid.gov
UNDP contacts:
Messrs. Agostinho Zacarias and Kyo Naka, Policy Unit,UNDP Africa
Tel: 212 906 5498 and 6010
and Ms. Pauline Tamesis, Programme for Accountability and Transparency
Management Development and Governance Division
Bureau for Development Policy
304 East 45th Street, Rm. 622
New York, NY 10017
Tel: 212 906 5349
Fax: 212 906 6350
Email: pauline.tamesis@undp.org
Annex One:
Principles to Combat Corruption in African Countries
We, Ministers and representatives of Government, the list of which is
annexed hereto, having met under the auspices of the Global Coalition
for Africa in Washington DC on February 23, 1999,
Concerned about the devastating effects of corruption on the social,
economic and political foundations of nations, and on their economic
and social development and efforts to eradicate poverty;
Desirous of launching a concerted and collaborative effort to combat
corrupt practices and thereby contribute to the global fight against
corruption;
Acknowledging that anti-corruption efforts, to be successful, require
political will at the highest level and committed leadership at all
levels, and must involve civil society;
Determined to eliminate corruption through effective preventive and
deterrent measures including strict enforcement of legislation, rules
and regulations;
Aware that good governance, accountability and transparency are
necessary to counter corruption;
Mindful of the UN General Assembly resolution on actions against
corruption and other collective regional efforts to combat corruption
such as those by the Organisation for Economic Cooperation and
Development (OECD) and the Organisation of American States (OAS);
Now therefore do agree that Governments should:
- Demonstrate the leadership and political will to combat and
eradicate corruption in all sectors of government and society by
improving governance and economic management, by striving to create a
climate that promotes transparency, accountability and integrity in
public as well as private endeavours, and by restoring popular
confidence in the government.
- Establish budgetary and financial transparency and strong financial
management systems.
- Eliminate unnecessary government regulations that negatively affect
economic activity; and establish simple, readily available regulatory
procedures with clear criteria and deadlines.
- Enact and enforce criminal laws which will deal effectively with
corruption offences by imposing severe penalties on individuals
convicted of corruption or corrupt practices, and on business entities
found to be involve in such practices. Enact and enforce criminal and
civil laws that provide for the recovery, seizure, forfeiture or
confiscation of property and other assets acquired through corruption.
- Eliminate conflicts of interest by adopting and enforcing effective
national laws, guidelines, ethical regulations or codes of conduct for
public officials, which include rules on conflict of interest and
requirements for the regular disclosure of financial interests,
assets, liabilities, gifts and other transactions.
- Undertake necessary administrative reforms to restore the morale
and integrity of the public service, for example by ensuring merit-
based recruitment and promotion policies and procedures and providing
adequate benefits, including remuneration and pension schemes.
- Promote transparency in procedures for public procurement and the
sale or licensing of economic rights and interests by eliminating
bureaucratic red tape, by providing for open and competitive bidding
for government contracts, by the prohibition of bribery, and by
adopting procedures for resolving challenges to the award of contracts
or the sale or licensing of economic rights.
- Adopt revenue collection systems that eliminate opportunities for
tax evasion, and reform regulatory processes that facilitate customs
duties evasion, especially in regard to international business
transactions.
- Require companies and organisations to maintain adequate and
accurate financial books and records, and to adhere to internationally
accepted standards of accounting.
- Establish and enforce self-regulating codes of conduct for
different professions, including those in the private sector.
- Promote standards for corporate governance and the protection of
shareholder rights.
- Prohibit individuals found guilty of corruption from bidding on
public contracts or otherwise doing business with governments.
Publish details of companies that are found to have, or whose
subsidiaries, agents or representatives are found to have, engaged in
corrupt practices, and bar them from bidding on public contracts or
otherwise doing business with the government for a period of time
specified in national legislation.
- Ensure that anti-corruption agencies are autonomous, independent,
governed by a clear body of law, and effectively empowered to initiate
and pursue investigations of corruption, and provide for the
prosecution of offenders in accordance with investigations and due
process.
- Establish other accountability and oversight mechanisms, including
as appropriate inspector general and audit offices.
- Adopt legislative mechanisms and procedures for the public to
submit complaints of corruption and corrupt practices, including the
protection of witnesses and whistle blowers.
- Facilitate the involvement and participation of civil society, on
a continuous basis, in the formulation, execution and monitoring of
anti-corruption reform programs.
- Restore and maintain the independence of the judiciary and ensure
adherence to high standards of integrity, honesty and commitment in
the dispensation of justice through, among other things, adopting a
judicial code of conduct.
- Guarantee the public's right to information about corruption and
corrupt activities through protection of the freedom of the press and
effective parliamentary oversight and scrutiny.
- Adopt co-operative arrangements at the regional and/or sub-
regional level which provide for the mutual exchange of ideas,
information, best practices, intelligence and experiences for the
purpose of minimising risks of cross-border corruption including
international business transactions.
- Facilitate the co-operative investigation of cases involving
corruption by rendering mutual legal assistance in obtaining evidence,
documents, articles, records and witness statements.
- Provide assistance in the investigation, recovery, seizure,
freezing, forfeiture and confiscation of property in respect of the
proceeds of corruption as well as the reciprocal enforcement of
forfeiture and other such orders.
- Apply reciprocal obligations for the extradition of those accused
or convicted of corruption offences.
- Take preventive measures, including the short-term harmonisation
of relevant laws, regulations and procedures, for example those
relating to taxes, customs tariffs and duties, and public procurement.
- Establish government-to-government mechanisms to monitor
implementation of these principles, including a mutual reporting and
evaluation process.
- Consider the elaboration and adoption of an African convention for
combating corruption based on the foregoing principles, and encourage
the establishment of a global anti-corruption convention.
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